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2005/01/13 Berlin Planning & Zoning Commission January 13, 2005 – Regular Meeting Minutes ICall to Order The Berlin Planning and Zoning Commission held a Regular Meeting on Thursday, January 13, 2005 in the Town Council Chambers, Berlin Town Hall, 240 Kensington Road, Berlin. The meeting was called to order at 7:00 P.M. In attendance: Chairwoman Joan Carey Commissioners Mark Kaczynski (joined the meeting at 7:06 P.M.), Bruce Moore, Kevin Murphy, Robert Weiss, Timothy Zigmont Alternate Commissioners Matthew Beatman (joined the meeting at 7:14 P.M.), Andra Millerd (seated) Director of Development Services Hellyn Riggins Town Counsel William Weber Excused: Commissioner Ronald Edelson Alternate Commissioner Terri Paventi IIScheduling of Public Hearing a.Zone Change Request of Premier Building & Development, Inc. to change the zone of Lot 2, Block 123, Deming Road and Elm Street from R-43 (Residential 43) to OT-2 (Office Technology 2) Mr. Moore moved to schedule the public hearing for February 24, 2005. Mr. Weiss seconded the motion which carried unanimously. b.Special Permit Use Application of Field Road LLC for an Adult Residential Development at Lots 1A and 1B, Block 133, River Street; Lots 3, 5, 41, Block 133, Beckley Road; and Lot 3, Block 128, Wethersfield Road Mr. Zigmont moved to schedule the public hearing for January 27, 2005. Mr. Murphy seconded the motion which carried unanimously. Mr. Kaczynski joined the meeting at this time. c.Excavation Permit of Howard Asal for 5,000 c.y. +/- at Lot 11-J, Block 73, Old Farms Place Mr. Weiss moved to schedule the public hearing for January 27, 2005. Mr. Moore seconded the motion which carried unanimously. Berlin Planning and Zoning Commission – January 13, 2005 Meeting Minutes – Page 2 Mr. Zigmont moved to add the following item to the agenda for the purpose of scheduling a public hearing: Proposed Amendment of Dennis Kern, Esq. to amend the Berlin Zoning ? Regulations - _Section Vl.C.3.w. Unattended Car Wash Mrs. Millerd seconded the motion which carried unanimously. Mr. Zigmont moved to schedule a public hearing for February 24, 2005. Mrs. Millerd seconded the motion which carried unanimously. IIIAcceptance of Minutes a.Regular Meeting – December 16, 2004 Mr. Moore moved to table review of the minutes. Mr. Murphy seconded the motion which carried unanimously. IVRequests for Bond Reductions/Releases a.Request of Jeffrey Russo, Russo & Sons Building & Development, for a bond reduction, Homes at Beckley Road Ms. Riggins advised the commission there was a memorandum included in the meeting package from Jack Ross on behalf of the Berlin Water Control which stated outstanding connection fees owed to Berlin Water Control have been scheduled for payment. th Mr. Moore noted as the payments are not due until March 15, it may be prudent to delay releasing the bond until they are made. Ms. Riggins stated those particular payments are not a bonded item. Mr. Zigmont stated the developers had cut all the trees down on the site in their interpretation of the approval condition for “selective tree cutting”. Ms. Riggins noted the bonded amount was for the installation of the sewers and the agreement to pay the connection charges is with the Berlin Water Control Department. Mr. Weiss moved to reduce the bond to $18,108. Mr. Murphy seconded the motion which carried six in favor to one opposed. Voting in favor: Carey, Moore, Kaczynski, Millerd, Murphy, Weiss Voting in opposition: Zigmont Berlin Planning and Zoning Commission – January 13, 2005 Meeting Minutes – Page 3 b.Request of David Manafort, Okemo Pines, LLC, for a bond reduction, Linden Drive Ms. Riggins stated the Engineering Department has advised required work has been satisfactorily completed. Mr. Murphy moved to reduce the bond to $25,701. Mr. Zigmont seconded the motion which carried unanimously. VPublic Hearings a.Preliminary Subdivision Application of Asal Realty for nine lots at Lots 2A, 2N, 3A and Lot 3, Block 90, Four Rod Road (Continued from December 16, 2004) Mr. James Ripper, Esq., speaking on behalf of the applicant, stated the following: If it is determined that the “ancient highway” on the parcel is an existing road, ? then there is no need for a waiver. If it is determined that the “ancient highway” on the parcel is not a road (an ? opinion with which he stated disagreement) the developer would have the right to use one-half the roadway, and the other half could be deeded to abutting property owners. If the proposal is denied, an application proposing two family units could be ? submitted. Attorney Ripper stated the applicant would agree to appropriate screening, not 25’ tall trees. He stated more than sufficient information had been submitted to support the testimony that the “ancient highway” is a town road. Ms. Carey stated it was not in the Planning and Zoning Commission’s purview to determine the status of the road and asked Attorney Weber to clarify the issue. Attorney Weber stated it needs to be determined if the highway had ever been considered a road and if so, had it been abandoned. He discussed a court decision concerning the Lego Corporation which, he stated, had similar circumstances. In that case, the court found that although the road had once been public, it had been abandoned through non- use. Concerning the cul de sac, Attorney Weber stated any waiver of the required subdivision requirement would necessitate a ¾ vote. Attorney Weber stated the commission needs to determine if the applicant has submitted adequate evidence. There was discussion of the sketch plans which were submitted by Attorney Ripper showing various layouts for the site. Mr. Zigmont stated the map that had been submitted with the original application is the map that the commission would consider. Berlin Planning and Zoning Commission – January 13, 2005 Meeting Minutes – Page 4 Speakers Alice and Michael Scholar, 32 Cynthia Drive, presented a copies of Assessor’s Maps ? from the 1950’s showing the road as a dirt access and its passage blocked by mature trees. Lori and Jim Hubbard, 38 Cynthia Drive, stated they had submitted a 1927 map ? showing mature trees at the last meeting and stated that there is no record that the “ancient highway” was a road and that it was “folk lore” that gave it its name. They stated assessor’s records indicate this is Town of Berlin land. Bill Uliasz, 33 Sugar Maple Lane, stated concerns for water drainage and further ? stated his opinion that he believes the property in question is owned by the town. Bart Bovee, 85 Steepleview Drive, stated he was part of the survey crew who ? surveyed the area in 1975 and the property appeared to be an old ancient highway, perhaps used by the railroad in the 1830’s or 1840’s. He suggested old railroad maps in the Engineering Department be researched. He remembered that about ten years ago when a house was built in the area, the Town Engineer who was then Morgan Seelye stated his opinion that the property was an old road and required a road setback. Scott Veley, 204 Spicewood Road, stated he had been a member of the Town Council ? when discussion of the abandonment of property had been discussed. Mr. Veley stated no conclusive evidence, either way, had been presented about the property. He stated it is up to the applicant to prove it is a road, and that has not been done. Attorney Weber noted that abandonment occurs when there is non-use, and there has been no use of the property for over 60 years. Mr. Weiss asked for a clarification of the word “use”. Attorney Weber responded all evidence should be studied, including the railroad maps which may provide useful information. thth Ms. Riggins stated February 5 will be the 65 day of the extension, as requested by the applicant, and the last day an action may be taken for the application. Bill Uliaz, 43 Sugar Maple, stated his concern for existing water problems in the area ? and potential for additional problems if the site is developed. Mr. Kaczynski read two petitions of opposition into the record. The first was dated November 12, 2004 and had approximately 12 signatures; the second was dated November 5, 2004 and had approximately 10 signatures. Berlin Planning and Zoning Commission – January 13, 2005 Meeting Minutes – Page 5 Mr. Kaczynski moved to continue the public hearing to January 27, 2005. Mr. Moore seconded the motion which carried unanimously. Mr. Moore moved to combine the next two agenda items. Mr. Kaczynski seconded the motion which carried unanimously. b.Final Subdivision Application of Virginia DeVivo and Violet Buteau for two lots at Lot 25, Block 17, 34 Butler Street c.Special Permit Application of Virginia DeVivo and Violet Buteau for a rear lot at Lot 25, Block 17, 34 Butler Street Mr. Bart Bovee, P.E., MBA Engineering, stated there is an existing home on one of the lots. He stated there will be no impact on adjacent property. There will be a 50’ buffer off the wetland property. He stated the property owner’s intent is to bring the property back to its original, agricultural use. Ms. Riggins stated Health Department concerns need to be addressed; specifically, required soil testing for the existing house and an additional perk test need to be done. In addition, exact siting of the house and driveway detail need to be submitted on revised plans. Speakers Michelle Spacek, 2352 Chamberlain Highway, stated she would like to see the ? revised plans when they are submitted. Diane Jorsey, Edgewood Road, stated her family owns DeMaria Farms which abuts ? the western section of the project’s property. She stated she needed additional time to review the plan and although she had no specific objection, she disagreed with Mr. Bovee’s statement that the property will be brought back to its original use, as that use had no house on the site. Mr. Moore moved to continue the hearing. Mr. Murphy seconded the motion which carried unanimously. VIOld Business a.Site Plan Amendment of Derek Dibble, MF Harding, LLC for a driveway, 100 Harding Street Mr. Dibble stated the application is for the installation of a driveway and garage door. Ms. Riggins stated the use of the property is industrial. She stated landscaping issues need to be reviewed, including plantings which would allow proper site line distances. Berlin Planning and Zoning Commission – January 13, 2005 Meeting Minutes – Page 6 Mr. Moore moved to approve the application, subject to the following condition: a.Final approval of landscaping to be coordinated with Staff. b.Preliminary Subdivision Application of Asal Realty for nine lots at Lots 2A, 2N, 3A and Lot 3, Block 90, Four Rod Road Mr. Kaczynski moved to continue the agenda item. Mr. Murphy seconded the motion which carried unanimously. c.Final Subdivision Application of Virginia DeVivo and Violet Buteau for two lots at Lot 25, Block 17, 34 Butler Street Mr. Murphy moved to continue the agenda item. Mr. Kaczynski seconded the motion which carried unanimously. d.Special Permit Application of Virginia DeVivo and Violet Buteau for a rear lot at Lot 25, Block 17, 34 Butler Street Mr. Murphy moved to continue the agenda item. Mr. Kaczynski seconded the motion which carried unanimously. VIIDirector’s Comments VIIICommissioners’ Comments IXCommunications There were no additional comments or communications. XAdjournment Mr. Murphy moved to adjourn. Mr. Kaczynski seconded the motion which carried unanimously. The time was 9:15 P.M. Respectfully submitted, Frances M. Semnoski Land Use Administrator